Irrigation Pipeline Easement with Ada County Highway District ACHD for Settler's Park . ~j~ECORDED- REOUEST OF
ADA COUNTY RECOROER..,,~' .~ ,.
J. DAVID HAVARRO
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20~MY ~8 PH ~: ~7 10 1 0~8099
This sheet has been added to document
to accommodate recording information.
IRRIGATION PIPELINE EASEMENT- ADA COUNTY HIGHWAY DISTRICT
AND CITY OF MERIDIAN ALONG USTICK ROAD AND MERIDIAN ROAD AT
58 ACRE PARK (MAY 5, 2001)
IRRIGATION PIPELINE EASEMENT
~.,z~ This Irrigation Pipeline Easement (the "Easement") is made and entered into this
-- day ,o,f /~,~_ , 2001, by and between CITY OF MERIDIAN,
(~-rereinafter Grantor' ) and the ADA COUNTY HIGHWAY DISTRICT, a body politic and
corporate of the State of Idaho (hereinafter "ACHD"); WITNESSETH:
For good and sufficient consideration it is agreed:
Section 1. Recitals.
1.1 Grantor owns the pamel of real property located in Ada County, Idaho, more
particularly described on Exhibit "A", shown on Exhibit "B" and attached hereto (the
"Servient Estate").
1.2 ACHD owns the adjacent public system of highways and rights-of-way (the
"Dominant Estate").
1.3 ACHD desires to obtain an easement for an irrigation pipeline over, under
and across the Servient Estate, and on the terms and conditions hereinafter set forth,
Grantor is willing to grant the same to ACriD.
Section 2. Grant of Easement.
2.1 On the terms and conditions hereinafter set forth Grantor, hereby grants to
ACHD a perpetual easement for irrigation pipeline on, under, over and across the
Servient Estate and to construct, install, repair and maintain an irrigation pipeline
system thereon (hereinafter "Authorized Use").
2.2 The easement heroin granted is exclusive to ACHD, and no structures,
fences, or other improvements are to be constructed, or landscaping planted, on the
Servient Estate without the prior written consent of ACHD. Such consent will not be
given if, in its sole discrotion, ACHD determines the proposed improvement and/or
landscaping may interfere with ACHD's Authorized Use of the Servient Estate. When
such consent is given, if any structures, fences, landscaping or other improvements
constructed or planted on the Servient Estate must be removed in order for ACHD to
perform its obligations to repair and maintain the Irrigation Pipeline, the costs of
removal and replacement or restoration of the same shall be the obligation of Grantor.
ACHD specifically rocognizes the allowance of a sidewalk over this easement.
Irrigation Pipeline Easement - Page 1
Section 3. Construction, Installation and Maintenance.
3.1 At its sole cost and expense ACHD shall construct and install the irrigation
pipeline system on, over, under and across the Servient Estate, the construction and
installation thereof to be performed in accordance with the policies of ACHD and sound
engineering practices.
3.2 After construction and installation is completed, at its sole cost and expense
ACHD shall maintain the irrigation pipeline system in good condition and repair and as
required to satisfy all requirements of applicable laws, the policies of ACHD and sound
engineering practices, and ACHD shall have access to and from, over and across the
Servient Estate for the purposes of such repair and maintenance.
ACHD recognizes the responsibility to unplug the irrigation pipeline if necessary.
3.3 If the adjoining property owned by Grantor, or the surface of the Servient
Estate upon which the irrigation pipeline system is constructed and installed by ACHD
is buried, is damaged as a result of the Authorized Use by ACHD of the easement
herein granted or the failure or neglect of ACHD to construct, repair and maintain the
irrigation pipeline system thereon as required by this Section, ACHD shall promptly, at
its sole cost and expense, repair and restore the same, to the extent reasonably
practicable, to the same condition it was in prior to such damage.
Section 4. Indemnification. Subject to the provisions of, and limits of liability set forth
in, the Idaho Tort Claims Act, ACHD shall defend, indemnify and hold harmless Grantor
from and against all claims, actions or judgements for damages, injury or death caused
by or arising out of its Authorized Use of the Servient Estate.
Section 5. Covenants Run with the Land. This Easement shall be a burden upon the
Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate,
and shall run with the land.
Section 6. Attorney's Fees and Costs. In any suit, action, or appeal therefrom to
enforce or interpret this Easement, the prevailing party shall be entitled to recover its
costs incurred therein, including reasonable attorneys' fees.
Section 7. Exhibits. All exhibits attached hereto are incorporated herein as if set forth
in full herein.
Section 8. Successors and Assigns. This Easement and the covenants and
agreements herein contained shall inure to the benefit of, and be binding upon, the
parties hereto and their successors and assigns to the above described Dominant and
Servient Estates, or any portion thereof.
Irrigation Pipeline Easement - Page 2
Section 9. Recordation. This Easement shall be recorded in the Real Property
Records of Ada County, Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
G?J&~ Nt~OR
I~,OBERT D. CORRIE, MAYOR
CI~ OF MERIDIAN
Date Approved by Meridian City Council: ,~'-_/,~A---~2/
ADA COUNTY HIGHWAY DISTRICT
JUI~ PEAVEY-DF:RR,
PRESIDENT
Attest:
'~/ILEFAF,4"J! SCHW, E'ITZie~,: ~- //
DIRECTOR /
Irrigation Pipeline Easement - Page 3
STATE OF IDAHO )
) SS.
County of Ada )
On this l,~ day of ~ , 2001, before me,
~/;/~I/J, ~, ;~..f~-iT_-~..- ,aN~a~ Public in and for the State of Idaho,
personally appeared RobeK D. Corrie and William G. Berg, Jr., known to me to be the
Mayor and City Clerk of the City of Meridian, and who acknowledged to me that City of
Meridian, executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day, month and year first above written.
Notary P~c( fo~/Idaho
Residing at: "~7~.~~
My commission expires:
STATE OF IDAHO )
) SS.
County of Ada )
On this ~k day of ~'~-,~ , 2001, before me,
/...$~i+L,~, a Notary Public in and for the State of idaho, personally appeared Judy
Peavey-Derr and William J. Schweitzer, known to me to be the President and Director
of the Ada County Highway District, and who acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day_~,~,~ and year first above written.
= * l ~,~ ~ ~ ~ Nota~ Public for idaho
Irrigation Pipeline Easement - Page 4
EXHIBIT "A"
Legal Description
A strip of land being 23.0 feet wide and lying in Southeast 1/4 of Section 36,
Townslfip 4 North, Range 1 West, Boise Meridian, Ada County, State. of Idaho, the
centerline being more particularly described as follows:
Beginning at a point lying West 25.00 and North 36.50 feet fi.om the Southeast
comer of Section 36, Township 4 North, Range 1 West, Boise Meridian, said point being
the REAL POINT OF BEGINNING:
Thence West, 2,000.00 feet along a line parallel to and measuring 36.5 feet at right
angles tO the south boundary of the Southeast 1/4 of Section 36 to the Point of Terminus.
Said Parcel contains 1.0560 Acres or 46,000 Square Feet more or less.
Subject to Easements of record or in use.
File: Ustick lrrig.
EXHIBIT 'lB"
EASEMENT SKETCH
NO SCALE
yOINT OF TERMINUS
FUIURE ROW
.~_~'2000.0' -;
OF BEGINNING
CL EASEMEN. T __ _'~
USTICK RD.
36
6
T. 4 N.
T. 5 N.
PREPARED BY:
ACHD SURVEY
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